Asbestos Compensation Law Upheld By Supreme Court

Thu, 13 Oct 2011

The UK Supreme Court has rejected an attempt by insurance companies to prevent people in Scotland for being able to claim damages from negligent employers for a condition caused by asbestos exposure .

Various insurers had tried to overturn the right to receive compensation for victims of pleural plaques, a harmless and often symptom-less lung condition that indicates a person has been exposed to asbestos and may develop other asbestos-related health issues, such as asbestosis, lung cancer or mesothelioma, in the future.

They attempted to argue that the Scottish Government’s Damages Act was in breach of human rights legislation regarding property rights.

However, the Supreme Court upheld the law after unanimously deciding that the Scottish Parliament had acted within the scope of its powers when it passed the legislation.

Scotland’s Justice Secretary Kenny MacAskill said: "I warmly welcome this significant decision, not least for the sake of people with pleural plaques and all those who campaigned so vigorously to help them."

"We firmly believe that people with this condition should be able to raise a claim for damages and we are delighted that this decision has gone in their favour, a result that will surely bring them some comfort."

MacAskill has now urged insurance companies to settle "those claims that have been stalled for so long".

Phyllis Craig, chair of Clydeside Action on Asbestos, said: "I think we've got to look at the insurance industry and look at the expense that they have taken on pursuing legal advice and representation, while they pursue every avenue to avoid responsibility."

"This has now got to stop. There has got to be an end to this. Pay the people their money."
add to favouritesnewsletterlink to this pagesend to friendpost comments

Link to this page

Copy and Paste the following HTML into your page.